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The Honghong Government Gazelle.
[JUNE 19, 1858.
Places
Final Ser-
HONGKONG.
ANNO VIGESIMO PRIMO VICTORIÆ REGINÆ.
No. 10 of 1858.
By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance for Penal Servitude.
[15th June, 1858.]
be it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
of I. Where no Place hath been or shall hereafter be appointed by Her Majesty or Her Governor of Von are Hongkong, whereunto Offenders convicted in this Colony, and being under Sentence or Order of Transports- substition, may according to Law be sent or transported, every such Offender shall (subject to Section Three) be kept in Penal Servitude within the said Colony for any Period not exceeding a Period of the same duration as the Term or Terms, or unexpired Portion of the Term or Terms, of Transportation under which the said Offender now is or shall hereafter be; and until no such Place as aforesaid is appointed, and so often as no such Place shall be hereafter appointed as aforesaid, any Offender who, but for this Ordinance, might have been sentenced to Transportation shall (subject to Section Three) be liable to be sentenced to be kept in Penal Servitude for a Period or Periods not exceeding a Term or Terms of the same Duration as the Term or Terms of Transportation to which such Offender would, but for this Ordinance, have been liable, and subject to the same Discretion on the part of the Court.
Laa of Transporta- tion te
II. All Laws and Gaol Regulations relating to the Removal, Transportation, Care, Custody, Manage- ply to Gifon- ment, Employment, and Discipline of Offenders under Sentence or Order of Transportation, and the punish- ders under Penal Ser- ment of such Offenders if at large without lawful cause, whilst the said Sentence or Order is in force, and
all other Laws relating to such Offenders, shall apply to Offenders kept in Penal Servitude.
vitude.
Computation of Time.
Ganga made respon- sible for escapes.
Certain Convict Pri-
III. Any of the said Offenders may be removed and transported to any such Place as aforesaid during his Term of Punishment, and the whole of the time (if any) during which lie may have been kept in Penal Servitude or Imprisonment during the Term specified in his Sentence or Order, shall be computed and allowed unto him in determining the Duration of his Term of Transportation.
IV. In case any Offender kept in Penal Servitude shall escape, under Circumstances which, being proved by lawful evidence before the Court of Petty Sessions, shall satisfy the said Court that any other Offender with whom, or Offenders with or amongst whom, the said Offender was at the Time of his said Escape, might, if so disposed, have prevented him from effecting or attempting it, the said Court shall have power to order and adjudge that any Term of Penal Servitude not exceeding Three Years shall be allotted unto every such Offender: in addition to, and by way of increase of, the Periods or Period still unexpired of the Punishment to which such Offender as last aforesaid was liable at the Time of the said Escape.
V. The Laws for the time being in force within England for the Prevention or Punishment of the Fon Laws extended to Offences of Prison Breach, Escape, Rescue, and bringing or carrying in or out of prohibited Articles, when this Colony.
committed, attempted, or allowed by, or with reference to, or in favor of, Prisoners ordered to be detained in Convict Prisons, shall be applicable to the like Offences, when committed or attempted by, or with reference to, or in favor of, Offenders kept in Penal Servitude, whether original or substituted as aforesaid.
VI. His Excellency The Governor in Executive Council is hereby empowered from time to time to cellency in Council to make, alter, repeal, or revive such Regulations (in any manner, not being inconsistent with this Ordinance) make Regulations.
for the Diet, Clothing, Maintenance, Employment, Instruction, Discipline, Correction, Removal, and Discharge of Offenders undergoing the said Punishment of Penal Servitude, and for the Duties and Conduct of their Keepers and Overseers, and other the Officers employed in or about the Premises, as to His said Excellency in Council shall in the Premises seem meet; yet so as that every such Regulation, Alteration, Repeal, Power of Imprison- and Revivor, be forthwith notified in the Hongkong Government Gazette for general information. ment not affected by
VII. The Jurisdiction to sentence Offenders to Imprisonment with or without hard Labour, and the tis Ordinance. Execution of such Sentences, are not affected by this Ordinance.
JOHN BOWRING.
Power to His Ex-
Passed the Legislative Council of Hongkong,
this 15th Day of June, 1858.
L. D'ALMADA E CASTRO,
Clerk of Councils.
REPORT AND PROCEEDINGS
OF THE
COMMITTEE OF THE LEGISLATIVE COUNCIL
APPOINTED TO INQUIRE INTO
CERTAIN STATEMENTS INVOLVING THE INTEGRITY OF THE
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ACTING COLONIAL SECRETARY.
ORDER OF REFERENCE.
Governor, the Chief Magistrate, and Mr Dent, be requested to VOTES AND PROCEEDINGS OF THE LEGISLATIVE COUNCIL inquire into the Statements involving the integrity of the Acting
Colonial Secretary, as connected with the Opium Monopoly.
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OF HONGKONG.
No. 11 of 1853.
FRIDAY, 7th MAF, 1858, PRESENT:
His Excellency The Governor and all the Members, except the Lieutenant-Governor and the Chief Justice.
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The Acting Colonial Secretary, with the Governor's permission, called the attention of the Council to certain Statements in the last issue of the Hongkong Register Newspaper, affecting his character as an Officer of this Government. He expressed his wish that the Council should, in some manner, afford him an opportunity of prov- ing the utter groundlessness of the insinuations contained in the above-mentioned Newspaper. Whereupon,-
It was moved by Mr Lyall, seconded by Mr Dent, and carried unanimously,-
VOTES AND PROCEEDINGS OF THE LEGISLATIVE COUNCIL
OF HONGKONG.
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No. 12 of 1853.
MONDAY, 10th MAY, 1858. PRESENT:
His Excellency The Governor, and all the Members.
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The Honourable the Lieutenant-Governor (who was absent at the last meeting) stated his nowillingness to form part of the Com mittce to inquire into the conduct of the Acting Colonial Secretary, as connected with the Opium Monopoly ; whereupon,—
Debate ensuing,
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It was moved by the Attorney General, seconded by the Lieuten. ant-Governor, and agreed to, that such Committee do consist of the That a Committee, consisting of the Honourable the Lieutenant-Chief Magistrate and Mr Dent.
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